Prakash P Chhabria Vs Deepak Kishan Chhabria & Ors (NCLAT Delhi)
The National Company Law Appellate Tribunal (NCLAT) considered appeals challenging the order dated 01.06.2026 passed by the National Company Law Tribunal (NCLT), Mumbai Bench, which had allowed an amendment application filed by Respondent No.1 in a company petition pending since 2016.
According to the appellant, the dispute concerned 1,00,300 shares allegedly gifted by the parties’ father, Mr. Prahlad Parasram Chhabria, to the appellant. The appellant contended that the transfer of these shares had been approved by the Board of Directors on 31.03.2016 in a meeting attended by Respondent No.1. Although Respondent No.1 challenged the minutes of that meeting in the original company petition, the appellant argued that no relief for rectification of the register of members had been sought within the prescribed limitation period, which allegedly expired on 31.03.2019.
The appellant further submitted that subsequent Extraordinary General Meetings (EOGMs) held on 03.05.2019 and 09.02.2021 amended and deleted various Articles of Association. According to the appellant, any challenge to those resolutions also became barred by limitation before the amendment application was filed in January 2026. It was argued that limitation constituted a substantive right and that allowing the amendment would defeat the appellant’s accrued defence.
